This Article addresses the question of whether it is possible to persuade regulated individuals and entities to comply with law when they face vanishingly low odds of being the target of enforcement activity through a field experiment testing the relative efficacy of different messaging strategies in motivating compliance with under-enforced ...

This Article proposes to resolve the criticism that foreign coal investors’ use of international investment law to challenge coal phase-out measures is chilling climate action by suggesting a contextual interpretation of foreign investors’ legitimate expectations by taking into account the nature of climate transition.

Ecology Law Quarterly Volume 52.2 Front Matter

We are honored to introduce Ecology Law Quarterly’s 2024-25 Annual Review, presented in this 52.2 edition. The Annual Review is unique in authorship, scope, and scale: All pieces within this edition are scholarship written by Berkeley Law students and recent graduates. The range of topics analyzed reflects the wide scope ...

This Note explains how the Eighth Circuit found that EPA’s decision to ban the use of chlorpyrifos on food crops, which was based on the Ninth Circuit’s interpretation of its statutory mandate, was arbitrary and capricious. The Note then argues the reasoning employed by the Eighth Circuit to reach this ...

This Note argues that, while it is far from guaranteed, Texas v. New Mexico may present Native American tribes with a unique way to finally see their water rights addressed in water compacts.

This Note examines past failed federal legislation to investigate why the ADVANCE Act may have lost its nuclear closure communities provision. This Note also discusses why nuclear closure communities deserve support, drawing parallels between the economic devastation that nuclear closure communities experience and the similar circumstances coal communities face in ...

Offshore wind energy represents a critical opportunity for America’s clean energy transition, yet community opposition remains a significant barrier to its success. This paper introduces the concept of “social derisking,” which emphasizes stakeholder collaboration as a strategy to mitigate the risks of project delays and cancellations due to a lack ...